The petitioner Alonzo Bagtas Y Alejandro was convicted in seventeen criminal cases between February and May 1948 and sentenced to an aggregate penalty of 6 years, 4 months and 26 days imprisonment. He contended that the subsidiary imprisonment should be eliminated under Article 70, which states that the penalty should be reduced to thrice the duration of the gravest penalty. The court held that the correct interpretation is to multiply the highest principal penalty by 3 to determine the aggregate principal penalty to be served, plus payment of indemnities. In People vs. Fajardo, the accused was sentenced only to pay a fine but the court found him insolvent. The issue was whether an insolvent accused sentenced only to a fine can be given subsidiary
The petitioner Alonzo Bagtas Y Alejandro was convicted in seventeen criminal cases between February and May 1948 and sentenced to an aggregate penalty of 6 years, 4 months and 26 days imprisonment. He contended that the subsidiary imprisonment should be eliminated under Article 70, which states that the penalty should be reduced to thrice the duration of the gravest penalty. The court held that the correct interpretation is to multiply the highest principal penalty by 3 to determine the aggregate principal penalty to be served, plus payment of indemnities. In People vs. Fajardo, the accused was sentenced only to pay a fine but the court found him insolvent. The issue was whether an insolvent accused sentenced only to a fine can be given subsidiary
The petitioner Alonzo Bagtas Y Alejandro was convicted in seventeen criminal cases between February and May 1948 and sentenced to an aggregate penalty of 6 years, 4 months and 26 days imprisonment. He contended that the subsidiary imprisonment should be eliminated under Article 70, which states that the penalty should be reduced to thrice the duration of the gravest penalty. The court held that the correct interpretation is to multiply the highest principal penalty by 3 to determine the aggregate principal penalty to be served, plus payment of indemnities. In People vs. Fajardo, the accused was sentenced only to pay a fine but the court found him insolvent. The issue was whether an insolvent accused sentenced only to a fine can be given subsidiary
FACTS: The petitioner Alonzo Bagtas Y Alejandro was
convicted in seventeen criminal cases, sometimes between February 18 and May 14, 1948. He was sentenced by final judgements of the Courts of First Instance of Manila to an aggregate penalty of 6 years, 4 months and 26 days of imprisonment and to indemnify the sum of P 43,436.45 with the subsidiary imprisonment in case of insolvency in each case and to pay the cost. The petitioner contended the sentence. ISSUE: Whether or not the subsidiary imprisonment should be eliminated from the penalty imposed upon the petitioner as reduced to thrice the duration of the gravest penalty imposed on him in accordance with article 70. HELD: We hold that the correct rule is to multiply the highest principal penalty by 3 and the result will be the aggregate principal penalty which the prisoner has to serve, plus the payment of all the indemnities which he has been sentenced. PEOPLE VS. FAJARDO
FACTS: Pascual Fajardo was convicted of the crime of
damage to property through reckless imprudence and sentenced to pay a fine of P270.10 and the costs. He appealed to this court, but his appeal was dismissed for the reason that no brief was submitted within the reglementary period. Judgment was entered against him and the record was returned to the lower court. When the judgment was to be executed, it was found that the accused was insolvent, for which reason the sheriff returned the writ unsatisfied. ISSUE: Whether an accused who has been sentenced only to pay a fine may be compelled to undergo subsidiary imprisonment, in the manner prescribed by law, in case he is found’ insolvent because he has no property with which to pay. HELD: No. ART. 39. Subsidiary penalty. — If the convict has no property with which to meet the pecuniary liabilities mentioned in paragraphs 1st, 2nd and 3rd of the next preceding article, he shall be subject to a subsidiary personal liability at the rate of one day for each 2 pesos and 60 centavos, subject to the following rules. The judgment of the lower court fails to impose subsidiary imprisonment in case of insolvency for indemnification to the owner of the banca, but only imposes subsidiary punishment as to costs. In this respect the judgment is erroneous and should be modified.